1E9Ct5D

The morning before Delbert’s meeting with Boss and Alice, Pathos was served with alawsuit filed in Madison County, Illinois by nationally recognized plaintiff attorney EvolCatberg-Harding on behalf of Ted Van Buren and his family. Then, to make mattersworse, Delbert’s administrative assistant brought in a certified letter from the ConsumerProduct Safety Commission.Delbert began to update his notes for his meeting with Boss and Alice. This meetingwould likely be much longer he thought.III.Issues PresentedThese facts, not unlike situations confronted by counsel for product manufacturersalmost daily, present a number of issues for review and consideration that havepractical, legal, and ethical implications. In-house counsel must be careful to identifyjust who is the client. Care must be taken to preserve privilege over any internalinvestigations or the like. The company will be faced with decisions including when andif to alert its insurers, raising questions about the control of the investigation and anyresulting litigation, as well as conflicts of interest between counsel, carrier and company.This paper will attempt to address some of these questions in detail.IV.For In-House Counsel, Who Is Your Client?In-house counsel in certain litigation or potential litigation situations will need to exercisecare in identifying just who – or what – is the client. The American Bar AssociationModel Rules provide some guidance, as follows:6